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Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......Jute Mills Ltd., Khalishpur, Khulna on 12.11.1986 as a weaver. He was promoted twice, firstly to the post of Senior Weaver (বড় তাঁতী)and secondly to that of Labour Sarder in 2009. He performed his duty honestly and diligently. Being a popular worker-leader, he was elected as Assistant ......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......dek Ali……………………….....Petitioner Vs. Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Rule is disposed of. Lawyers Involved: Yousuf Hossain Humayun, Advocate-For the petitioner. Tufailur Rahman, Advo..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......der or further order or orders as to this court may seem fit and proper". 2. The averments of the petitioner are as follows:— The petitioner being a citizen of Bangladesh applied for a Machine Readable Passport (hereinafter referred to as "MRP Passport") to the office ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......C 229; Kent Vs. Dulles, (1958) 2 L Ed 1204; RA Williams Vs. Edgar Fears & Anr 45 LEd 186; Leonard B Boundin Vs. John Foster Dulles, 136; Herbert Aptheker Vs. Secretary of State, 12 L Ed 992. Lawyers Involved: AM Mahbub Uddin with Nazmul Huda, Advocates— For the Petitioner. A..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned case in respect of accused-petitioner were stayed for a period of 6(six) months which has been subsequently extended from time to time. 3. R......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......t January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD) 1. Lawyers Involved: Khizir Haider Vs. State, 13 MLR (AD) 157; Abdul Haque Vs. State, 60 DLR (AD) ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ny Ltd and others..............Respondents Judgment January 9, 2013. Result: The petition is allowed with the direction. Lawyers Involved: Kamal-ul-Aiam, Senior Advocate for Mohammad Hossain, Advocate-For the Petitioner. AM Amiuddin Advocate with Yousuf Khan Rajib,......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. .................Petitioner Vs. National Tea Company Ltd and others..............Respondents Judgment January 9, 2013. Result: The petition is allowed with the direction. Lawyers Involved: Kamal-ul-Aiam, Senior Advocate for Mohammad Hossain, Advocate-For the Petitio..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of th...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......……..(16) Cases Referred to- Shivagi Vs. State of Maharashtra, AIR 1973 SC 2622; S. Harmon Singh Vs. State, AIR 1976 SC 2140; A. Gafur Vs. Gugesh Chandra Ray, 43 DLR (AD) 62. Lawyers Involved: Abdur Razzaque Khan, Senior Advocate (with S.M. Shahjahan, Advocate), instru..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......aside and /or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned CR Case were stayed for a period of 3(three) months, which has been subsequently extended from time to time. 3. Rel...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......ment January 7, 2013. Result: The Rule may be made absolute. Cases Referred to- Aminur Rahman (Md) Vs.State 8 BLC 518; Khondaker Mahtabuddin Ahmed Vs.State, 49 DLR (AD). Lawyers Involved: Md. Hasan Arif, with Farid Ahmed—For the Petitioner Dr. AKM All wi..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......d by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners. Aktar Imam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2407 of 2012. (From the judgment and order dated the 13th day of August......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......abbar Jute Mills Vs. Abul Kashem; 10 MLR(AD) 301; Sukumar Sen Vs. Gouranga, 1989 BLD (AD) 162; Karnaphuli Cotton Mills Vs. UCBL, 49 DLR (AD) 130; Md. Hossain Vs. Dildar Begum, 9 MLR (AD) 361. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Md. Asaduzzaman, Advocate, instructed ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......ship between parent law with subordinated legislation When there is conflict between the parent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purposes of construction or obligations exactly as if they were in the Act and are to b......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......ations. The Anti-Corruption Commission Act, 2004 (Act No. V of 2004); section 32 Relationship between parent law with subordinated legislation When there is conflict between the parent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated f..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......stice requires that both the appeals are heard together in order to avoid conflicting decision. The Taxes Appellate Tribunal not even a quasi judicial authority, is a pure judicial authority and therefore the same practice is also applicable in case of the Taxes Appellate Tribunal and also in case o...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......r in the lower tier.................(23) Cases Referred to- Mark Builder Limited Vs. Commissioner of Taxes, 53 DLR, 463; Titas Gas (T&D) Limited Vs. The Commissioner of Taxes 53 DLR 209. Lawyers Involved: Tanjib-ul-Alam, Advocate With Ms. Tarana Afroze, Adocate-For the Assessee-appli..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ...... by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Mrs. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by t......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ...... A.K. Azad.....................Petitioner Vs. Kaptex Limited and others ............Respondents Judgment December 12, 2012. Result: The petition is disposed of. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......t Judgment December 6, 2012. Result: The Jail Petition is dismissed. In general the length of period spent by a convict in the condemned cell is not necessarily a ground for commutation of the sentence of death. However, where the period spent in the condemned cell......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......wsher Ali Vs. State, 39 DLR 57; Abdul Bashir Vs. State, 56 DLR (AD) 207; Giasuddin Vs. State, 54 DLR (AD) 146; Ananta Kumar Karan Vs. State AIR 1962 Calcutta 428;State Vs. Tasiruddin 13 DLR 203. Lawyers Involved: Helaluddin Mollah, Advocate—For the Petitioner. Md. Shahrawardi, D..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......n determining seniority of the said non-cadre officers appointed, after 1985 and in that score if anyone is aggrieved by the decision of the government may take recourse of law in an appropriate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, rep...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......DLR (AD) 290; Mahbubur Rahman Sikder Vs. Mojibur Rahman, 35 DLR (AD) 203; Catmur Vs. Knatchbull; Lindley in O'Shea Vs. O'Shea and Parnell; Md. Abdul Halim Vs. Dr Md. Tareque, 63 DLR 465. Lawyers Involved: Md. Salahuddin Dolon with Md. Omar Farouq, Md. Gias Uddin and Ainun Naher, Ad..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......pondents (In Civil Petition No.928 of 2009).
Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009).
Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009.
(From the judgment and order dated the 19th......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
...... Housing Society Ltd. and others.......Respondents (In Civil Petition No.928 with 1041 of 2009)
Judgment
December 5, 2012.
Result:
The petitions are disposed of.
Lawyers Involved:
Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Recor..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......titioner Vs. State and another...........................................Opposite-Parties Judgment December 3, 2012. Result: The Rule is discharged. No quashment before charge-sheet No case can be subject matter of quashment before submission of the charge-sh......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......rocedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. AT Mridha, 26 DLR (SC) 17. Lawyers Involved: Jahirul Islam Mukul and Md. Harun-or-Rashid, Advocates—For the Petition..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......te Division in a civil proceeding may be done on grounds similar to those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure. In the Code of Criminal Procedure, there is no provision for review of any judgment or order passed by the Court exercising power there under. So, in order ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......iew a judgment or order passed by the Appellate Division in a criminal proceeding error apparent on the face of the record has to be shown.…………………………………………(8) Lawyers Involved: Abdul Basel Majmumdar, Senior Advocate, instructed by Md. Wahidullah, Ad..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......os. 266-269 of 2011). Judgment Md. Abdul Wahhab Miah J.- Review Petition Nos.9-12 of 2012 have been filed by the convict-petitioner and Nos.16-19 of 2012 have been filed by the complainant for reviewing the judgment and order passed by this Division on 12.03.2012 in Criminal Petition for ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......etition Nos.16-19 of 2012) Vs. The State and another…………...Respondents Judgment December 3, 2012. Result: Leave Petition Nos.16-19 of 2012 are disposed of. Lawyers Involved: Abdul Baset Majmumdar, Senior Advocate, instructed by Mvi. Md. Wahidullah, Ad..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......strate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in capability of the said Judge to perform the judicial work. If explanation of the learned Judge is accepted, then it is clear that ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......it is clear that he refrained himself to perform his judicial task under so called pressure and he failed to over come the said situation as a Judge……………..(11) Lawyers Involved: Salina Akter, Advocate—For the Petitioner. MH Sarder, Deputy Assis..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......rs Vs. Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a r......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ...... same is cancelled by an appropriate civil Court.…………………(11) Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Bimsh Chandra Biswas, Advocate-..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......ানি/১৫/১২ dated 16-5-2012 (Annexure-I to the writ petition) to resolve the dispute over the complaint dated 14-5-2012, to prepare fresh electoral roll through the Administrator and to formally submit the same before the Election Commission. 3. The “বাংলাদেশ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ...... November 29, 2012. Result: The Rule is made absolute. Voluntary Social Welfare Agencies (Registration and Control) Ordinance, (Ordinance No. XLVI of 1961) 1961 Lawyers Involved: Taimur Alam Khondaker, Advocate in person—For the Petitioner. Titu..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......n both the petitions and absolutely in terms of Rule as issued. 4. At the time of issuing Rule this Division directed the respondent No.2, Commissioner of Customs, Customs House, Chittagong for assessing and release the goods covered under different Bills of Entry on payment of custom...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...........................Petitioners Vs. National Board of Revenue and others............Respondents Judgment November 28, 2012. Result: Both the Rules are disposed of. Lawyers Involved: Md. Khurshid Alam Khan with Sayem Murad, Advocates—For the Petitioners...Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2
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